3O SHIPPING PRACTICE
or similar document of title regulates the relations betw^n
carrier and a holder of same.
This paragraph (b) sets out that the shipowner or carrier^
is not liable for the care and custody of the goods prior to
loading or after discharge, as will be seen in Article 2.
It will also be noted that this Act applies to "through
bills of lading*' only during the period of sea carriage, and
not for any additional time before or afterwards.
Although the latter part of this paragraph may seem to
imply that bills of lading under charter-parties are covered
by the Act, and may appear contradictory to the latter part
of Article 5, the explanation of Article 5 will make this point
dear that under an ordinary charter-party contract the
Carriage of Goods by Sea Act, 1924, does not apply.
Para, (c) defines "goods" omitting live animals and deck
cargo. Live animals are always a matter for the carrier to
make mutual agreement with the shipper, and as will be
seen, few of the provisions of this Act would be applicable.
Cargo carried on deck is also by way of special agreement.
When a carrier accepts cargo it is always understood that
such cargo shall be carried under-deck, and if cargo is of the
nature that it has to be shipped "on deck" then this again
calls for special agreement and different terms of shipment.
Deck cargo unless carried in accordance with custom of
trade is always accepted "at shipper's risk."
Para* (&) classifies the term "ship" as any vessel used
for the carriage of goods by sea. A M.S. Act definition of a
ship is "any vessel other than one propelled by oars."
Para. (*) defines the period of carriage from the time
when goods are loaded to the time when goods are dis-
charged from the ship. This term "from the time when
goods are loaded*' may be taken to mean "up to loading/*
as Article 2 states the carrier shall be subject to the res-
ponsibilities and liabilities, and entitled to the rights and
immunities of the Act in the loading, handling, stowage,
carriage, custody, care and discharge of the goods. It will,
therefore, be seen that if the carrier is responsible for the
loading, handling, and stowage, these three operations come